STAND. COM. REP. NO.  1033

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 1501

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1501, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO DRUG PARAPHERNALIA,"

begs leave to report as follows:

The purpose of this measure is to decriminalize the possession and delivery of drug paraphernalia and instead make these offenses civil violations subject to a fine of $100.

The Office of Hawaiian Affairs; Office of the Public Defender; American Civil Liberties Union of Hawaii; The CHOW Project; Hawaii Advocates for Consumer Rights; Community Alliance on Prisons; The Drug Policy Forum of Hawaii; Ho‘omana Pono, LLC.;  Effective Change, LLC; African American Lawyers Association; and numerous individuals testified in support of this measure.  The Department of the Attorney General, County of Hawaii Office of the Prosecuting Attorney, City and County of Honolulu Department of the Prosecuting Attorney, and County of Hawaii Police Department opposed this measure.  The Judiciary and County of Kauai Office of the Prosecuting Attorney provided comments on this measure.

     Your Committee has amended this measure by making:

(1)  The possession and delivery of drug paraphernalia a violation subject to a fine of $100; and

(2)  Technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1501, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1501, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

SCOTT Y. NISHIMOTO, Chair